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(영문) 수원지방법원 안산지원 2019.07.26 2019고단1538

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. A person who is engaged in driving a B-cruise vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident).

On December 22, 2018, the Defendant driven the above car on December 22, 2018, and made the turn to the left at a speed of about 20 to 30 km in Si/Gu, from the front of the road of the 4 large-scale company interesting to Si-si, Si-si, Si-si, to Si-si.

At the time, it was an intersection where the signal at night is installed and the left turn is possible, so there was a duty of care to make a left turn by thoroughly examining whether a person engaged in driving service does not have a vehicle directly in the opposite line by thoroughly looking at the front side.

Nevertheless, the Defendant neglected this and was driven by the victim D (the age of 23) who was proceeding in accordance with the straight-line signal at the opposite lane due to the negligence of left-hand turn, and received the front part of the cruise car operated by the Defendant.

As a result, the Defendant, by such occupational negligence, sustained injury, such as the left-hand slots, which requires treatment for about eight weeks, and at the same time escaped without any necessary measures such as providing relief to the victim, even though he damages the above Oba in order to bring about KRW 4,125,650 for repair costs.

2. The Defendant violated the Road Traffic Act (driving) driving a B cruise car from about 4 km to the first road of Silung-si, GH company G to Silung-si while under the influence of alcohol 0.141% of blood alcohol level at the time and time set forth in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and D;

1. Notice of output from drinking alcohol, report on the results of the control of drinking driving, circumstantial statement of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. The actual survey report and the occurrence of traffic accidents;

1. The investigation report of this case is accepted.